UPDATE
Revised SPCC Rule - 40CFR112
(Spill Prevention, Control and
Countermeasures)
ConVault AST owners should be aware
of an apparent increase in the number of fines being reported for failure to properly
prepare and implement an SPCC plan. They should also be aware of the changes currently
being interpreted and placed into effect.
Applicability:
Most aboveground storage
tank (ASTs) facilities are subject to the SPCC rule if the facility has the capacity to
store more than 1,320 gallons of fuel.
The SPCC Final Rule is 112 pages
long (including comments) and is complicated reading. However, a short 8-page explanation
brochure can be downloaded from the EPA website at: http://www.epa.gov/emergencies/docs/oil/spcc/spccbluebroch2002.pdf.
Recent
History:
On July 17th, 2002, EPA
issued a final rule amending the Oil Pollution Prevention regulation. This rule addresses
requirements for SPCC Plans and some provisions may also affect Facility Response Plans
(FRPs).
The SPCC requirements were
originally promulgated on December 11, 1973 and EPA has proposed revisions to the SPCC
rule on three occasions, in 1991, 1993, and 1997. The new SPCC rule addresses these
proposed revisions and became effective August 16, 2002. The Agency subsequently extended
the compliance deadline for revision and professional engineer (PE) certification of SPCC
plans to August 17, 2004. The Plans must be implemented by February 18, 2005.
On March 31, 2004 EPA held a
public meeting with the regulatory community and interested stakeholders explaining the
results of the settlement agreements from two lawsuits (API vs. EPA and PMAA vs. EPA in
re: the July 2002 rule) and to explain Agency efforts to clarify the regulations and
facilitate compliance. More information and documents from the March 31, 2004 SPCC
Stakeholder Meeting are currently available online at http://www.epa.gov/oilspill/index.htm.
Alternately, the following documents are currently directly available online:
SPCC Stakeholder Meeting Cover Page (PDF, 314K) http://www.epa.gov/oilspill/pdfs/SPCCMtgCover.pdf
Meeting Agenda (PDF, 6K) http://www.epa.gov/oilspill/pdfs/SPCCMtgAgenda.pdf
Settlement Agreement (PDF, 2.9M) http://www.epa.gov/oilspill/pdfs/SettlementAgreement.pdf
SPCC Settlement Issues Presentation (PDF, 2M) http://www.epa.gov/oilspill/pdfs/SPCCFinalSettlementPres.pdf
Highlights of Final Rule:
- Exempts completely buried storage tanks subject to all of the technical requirements of
the UST regulations (40 CFR Parts 280 or 281);
- Exempts portions of certain facilities or any facility used exclusively for wastewater
treatment;
- Establishes a de minimis container size of 55 gallons;
- Establishes an aboveground storage capacity threshold of greater than 1,320 gallons and
removes the 660 gallon threshold;
- Revises the trigger for submitting information on spills at SPCC regulated facilities to
EPA. Facilities are now required to submit information after having 2 discharges (over 42
gallons) in any 12-month period or a single discharge of more than 1,000 gallons;
- Allows deviations from most rule provisions (with the exception of secondary containment
requirements) when equivalent environmental protection is provided;
- Provides for a flexible plan format, but requires a cross-reference showing that all
regulatory requirements are met; and
- Clarifies rule applicability to the storage and operational use of oil.
The SPCC Final Rule can be found in Title 40 of the Code of Federal Regulations (CFR),
Part 112 (Oil Pollution Prevention). A copy can be downloaded from the EPA website
at http://www.epa.gov/oilspill/lawsregs.htm#spcc
and a version with bookmarks included for easier use is available at http://www.convault.com/40cfr112wb.pdf.
Concerns:
Although the EPA expects the 2002 rule to reduce the number of sites meeting the
threshold by about 55,000, and reduce the regulatory burden by approximately 40 percent,
there were still several concerns. These included integrity testing, loading rack
containment, bulk plant security and the definition of impracticality. Of these concerns,
the main two that concern ConVault aboveground storage tank (AST) owners are:
- The requirement for integrity testing on a regular basis in section 112.8(c)(6); and
- The interpretation of section 112.7(h). This section appeared to require
containment systems for the delivery truck that brings fuel to the AST.
Both of these concerns were addressed in the March 31, 2004 meeting when EPA discussed
the PMAA/EPA settlement agreement.
Conclusions:
- EPA will allow a visual inspection to qualify as an "equivalent environmental
inspection" as long as:
- The shop-fabricated AST is 30,000 gallons or less,
- Is elevated in a manner that decreases corrosion (as compared to a container in contact
with soil), and
- All sides of the container, including the bottom, are visible during inspection.
EPA intends to develop guidance in the near future on appropriate visual inspection of
shop-built containers. ConVault has prepared a memo stating that ConVault does not
recommend integrity testing. The PE can use this memo in his documentation when
preparing the SPCC plan.
- EPA has confirmed that the loading and unloading area containment requirements only
apply to facilities with loading racks and not to ASTs at other locations.
More information about the new rule is available at: http://www.epa.gov/oilspill/spccrule.htm.
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